Use of DATAYARD’s Internet services constitutes CUSTOMER’s agreement to all of the following terms and conditions.
DATAYARD respects the privacy of its CUSTOMERs. The name, address and payment information that a CUSTOMER provides when it subscribes to DATAYARD, together with any other information CUSTOMER provides to DATAYARD and information regarding the manner in which CUSTOMER uses DATAYARD and/or the internet, will not be processed or disclosed by DATAYARD, except as permitted by agreement with the CUSTOMER or as required or allowed by applicable law or legal process.
By becoming a DATAYARD CUSTOMER, CUSTOMER agrees that DATAYARD may share with other parties both aggregate information and limited individual information gathered during CUSTOMER’s use of DATAYARD and/or the internet. “Aggregate information” is information that describes the habits, usage patterns and/or demographics of users as a group, but does not indicate the identity of particular users. “individual information” is information about a user presented in a form distinguishable from information relating to other users, but not in a form that enables the recipient to personally identify any CUSTOMER. CUSTOMER also agrees that locator information about CUSTOMER may be gathered, processed or used as provided in section 1.3, 1.4 and 1.5. “Locator information” consists of a CUSTOMER’s name, email address, physical address, and/or other data that enables the recipient to personally identify CUSTOMER.
CUSTOMER agrees that locator information for CUSTOMER may be gathered, processed or used in the following instances: first, if CUSTOMER uses DATAYARD to purchase or otherwise obtain physical goods or services (that is, those that are not delivered by means of electronic transmission during a DATAYARD session), the company (”merchant”) that sells or provides such physical goods or services will obtain locator information; second, if CUSTOMER uses DATAYARD to purchase or otherwise obtain digital delivery of or access to specific content, goods or services (that is, those specifically delivered made accessible to CUSTOMER by means of electronic transmission during a DATAYARD session and for which CUSTOMER pays a fee in addition to DATAYARD’s fees), the company providing such content, goods or services (a “content provider,” or “CP”) may obtain locator information; third, if CUSTOMER obtains dial-up access to DATAYARD from a third party independent network access provider (an “IAP”), locator information relating to CUSTOMER may be obtained by the IAP; and fourth, DATAYARD and CUSTOMER’s IAP, if any, may use the locator information for the billing and collection of charges due pursuant to CUSTOMER’s agreement with DATAYARD, and as is necessary for its enforcement of any of its terms.
DATAYARD has no obligation to monitor any CUSTOMER’s use of DATAYARD or retain the content of any user session. However, DATAYARD reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in DATAYARD’s possession, however obtained, about or related to CUSTOMER, CUSTOMER’s use of DATAYARD or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.
In order to protect the privacy of CUSTOMER’s locator information, DATAYARD maintains the CUSTOMER account information in a secured database. In addition, stored credit card information is encrypted.
An individual site may place a text file called a “cookie” in the browser files of CUSTOMER’s computer. Cookies are pieces of information that a website transfers to an individual’s hard disk for record keeping purposes. The cookie itself does not contain locator information although it will enable the site to relate CUSTOMER’s use of the site to information that CUSTOMER has specifically and knowingly provided to the site.
DATAYARD encourages CUSTOMER to use caution when giving out any identifiable information about CUSTOMER online, no matter how legitimate it may seem.
All rights and obligations throughout this agreement related to IAPs will apply to CUSTOMER at such time as CUSTOMER selects an IAP. CUSTOMER’s continued use of DATAYARD after such date constitutes its acceptance of all IAP-related provisions of these policies and any amendments, modifications or revisions thereto.
If at any time CUSTOMER believes that DATAYARD has not adhered to these policies concerning privacy and use of CUSTOMER information or if CUSTOMER has questions about these policies, please notify DATAYARD and DATAYARD will use all commercially reasonable efforts to promptly determine and correct the problem.
CUSTOMER may send and receive electronic mail (”email”), engage in conferences and chats, download and upload files and otherwise use DATAYARD as permitted by this agreement, DATAYARD’s policies and applicable law. Uploaded files, public messages and activity in conferences and chats are subject to review, modification and deletion without notice where CUSTOMER’s uploading or other activity takes place (or by an individual designated for such purpose). DATAYARD reserves the right in its sole discretion to change its usage policies at any time. Files uploaded to a bbs may be subject to posted limitations on usage, reproduction and/or dissemination, and CUSTOMER is responsible for adhering to such limitations.
CUSTOMER is responsible for its communications via, and its use of, DATAYARD. CUSTOMER may not, under any circumstances, do any of the following: (a) use DATAYARD or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom CUSTOMER has no prior relationship (commercial or otherwise); (b) send unsolicited e-mail or instant messages through third-party mail servers to relay CUSTOMER’s message or hide the origination of CUSTOMER’s message or any other message to others; (c) use CUSTOMER’s e-mail account in the text of unsolicited email messages or web sites as an address to which internet users can respond; (d) mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service; (e) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (f) publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information; (g) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (h) create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; (i) transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (j) transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law, unless CUSTOMER owns or controls the rights thereto and has the legal right to do so, or has received all necessary consents; (j) interfere with or disrupt networks connected to DATAYARD or violate the regulations, policies, or procedures of such networks; (k) attempt to gain unauthorized access to DATAYARD, other DATAYARD accounts, or computer systems or networks connected to DATAYARD, through password mining or by any other means; (l) violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the united states; (m) interfere with another DATAYARD CUSTOMER’s use and enjoyment of DATAYARD or another individual’s or entity’s use and enjoyment of similar services; (n) view, intercept, or attempt to intercept e-mail or other private communications not intended for CUSTOMER; (o) violate any posted policies, guidelines or codes relating to DATAYARD’s use. In addition, each time CUSTOMER uploads a file on DATAYARD, it represents and warrants that it owns or otherwise controls the rights or has the necessary consents to do so, and CUSTOMER grants every other person the right to download and use such file for personal use. CUSTOMER’s failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of its DATAYARD account.
When using DATAYARD, CUSTOMER is subject to all rules specified by the services, networks and web sites CUSTOMER visits. This includes DATAYARD web sites as well as services, networks and web sites operated by third parties. If another party reports that CUSTOMER has violated its rules, CUSTOMER agrees that DATAYARD may take appropriate action as if CUSTOMER had violated its CUSTOMER agreement with DATAYARD or DATAYARD’s usage policies.
CUSTOMER agrees to: (a) maintain all equipment required for its access to and use of DATAYARD; (b) maintain the security of its identification, password and other confidential information relating to its DATAYARD account; and (c) be responsible for all charges resulting from use of CUSTOMER’s DATAYARD account, including unauthorized use prior to CUSTOMER’s notification to DATAYARD of such use and the taking of steps to prevent further unauthorized use. Information on how to protect the security of CUSTOMER’s DATAYARD account is available upon request.
DATAYARD does not acknowledge, endorse or guarantee the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of DATAYARD, other than information provided by authorized DATAYARD spokespersons. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors and their views do not necessarily reflect those of DATAYARD. Advice received via DATAYARD should not be relied upon for important personal, medical, legal or financial decisions and CUSTOMER should consult an appropriate professional for specific advice tailored to its situation.
For individual access accounts, CUSTOMER agrees that CUSTOMER’s account will not be used or shared by any other individual except family members, if the individual access account is used as a residential access account. The DATAYARD’s CUSTOMER id and password will not be distributed, disclosed, or used by any other individual; nor will CUSTOMER use another CUSTOMER’s DATAYARD id and password to access DATAYARD’s services.
CUSTOMER understands and agrees that DATAYARD’s services may provide access to material that is inappropriate for minors. CUSTOMER has full responsibility for its use of DATAYARD’s services and any materials accessed through DATAYARD. CUSTOMER understands and agrees that DATAYARD is not responsible for monitoring the content of information accessed through its network.
Failure to comply with the terms in the DATAYARD acceptable use policy can be grounds for termination of the CUSTOMER’s account after DATAYARD issues a warning following the first offense.